IPL REVIEWER

Patent State Policies – Article XIV. Section 13.

Three fold purposes of Patent Doctrine of Reprocity (Case)
Patentable Invention Trademark, Patent, Copyright (Definition)
Elements of Patentable Inventions Non-retroactivity (Case)
Novelty Plastic eating Bacteria (Case)
Filing Date Disclosure (Case)
Right of Priority or Priority Date Patent (Definition)
Inventive Step Three-fold purposes (Enumeration)
Industrially Applicable Patentable Inventions (Definition)
First to File Rule Elements of Patentable Inventions (Enumeration)
Contents of Patent Application Novelty (Definition)
Remedies of true inventor Inventive Step (Definition)
Doctrine of Equivalents Filing Date (Definition)
Utility Model Priority Date (Case)
Industrial Design Inspection of application (Case)
Civil Action Infringement (Case)
Doctrine of Equivalents (Definition)
Criminal Action (Case)
Mandatory in Voluntary Licensing (Enumeration)
Utility Model (Definition)
Industrial Design (Definition)

Article XIV. Section 13. The State shall protect and secure the exclusive rights of scientists, inventors, artists, and other gifted
citizens to their intellectual property and creations, particularly when beneficial to the people, for such period as may be provided by
law.

Title II. - INTELLECTUAL CREATION

Art. 721. By intellectual creation, the following persons acquire ownership:

(1) The author with regard to his literary, dramatic, historical, legal, philosophical, scientific or other work;

(2) The composer; as to his musical composition;

(3) The painter, sculptor, or other artist, with respect to the product of his art;

(4) The scientist or technologist or any other person with regard to his discovery or invention. (n)

Art. 722. The author and the composer, mentioned in Nos. 1 and 2 of the preceding article, shall have the ownership of their
creations even before the publication of the same. Once their works are published, their rights are governed by the Copyright laws.

The painter, sculptor or other artist shall have dominion over the product of his art even before it is copyrighted.

The scientist or technologist has the ownership of his discovery or invention even before it is patented. (n)

Art. 723. Letters and other private communications in writing are owned by the person to whom they are addressed and delivered,
but they cannot be published or disseminated without the consent of the writer or his heirs. However, the court may authorize their
publication or dissemination if the public good or the interest of justice so requires. (n)

Patent is a set of exclusive rights granted by a state to an inventor or his assignee for a fixed period of time in exchange of a disclosure of an
invention.

Three fold purposes of Patent:

1. Seeks to foster and reward invention
2. Promotes disclosures of inventions to simulate further invention and to permit the public to practice the invention once the patent
expires
3. Seek to ensure that ideas in the public domain remain there for the free use of the public

Patentable Inventions – any technical solution of a problem in any field of human activity which is new, involves an inventive step and is
industrially applicable. It may or may refer to, a product, a process, or an improvement of any of the foregoing
Elements of Patentable Inventions:
1. Novelty
2. Inventive Step
3. Industrially Applicable

Novelty – An invention is original or new when it does not form part of a prior art. An invention forms part of a prior art and considered not
new when: 1. The invention is already available to the public not only in the country but anywhere in the world. 2. The invention is actually a
subject of application for patent registration

Filing Date – is accorded only when all the requirements under Section 40 are present.
The requirements under Section 40 are:
1. Express or implicit indication that Philippine patent is sought
2. Information identifying the applicant
3. Description of the invention and one or more claims in Filipino or English

Right of Priority – An application for patent filed by any person who has previously applied for the same invention in another country which by
treaty, convention, or law affords the same privileges to Filipino citizens, shall be considered as filed as of the date of the filing of the foreign
application; Provided that: 1. The local application expressly claims priority, 2. It is filed within 12 months from the date the earliest foreign
application was filed, and 3. A certified copy of the foreign application together with an English translation is filed within six months from the
date of the filing in the Philippines.

Inventive Step – An invention involves an inventive step if, having regard to prior art, it is not obvious to a person skilled in the art at the time of
the filing date or priority date of application claiming the invention.

Industrially Applicable – An invention that can be produced or used in an industry shall be industrially applicable.

First to file Rule – If two or more persons have made the invention separately and independently with each other, the right to the patent
belong to the person who filed an application for such invention, or where two or more applications are filed for the same invention, the
applicant, who has the earliest filing date, or the earliest priority date.

Contents of Patent Application

A Patent Application shall be in Filipino or English and shall contain the following:
1. A request for the grant of a patent
2. A description of the invention
3. Drawings necessary for the understanding of the invention
4. One or more claims
5. An Abstract

Remedies of True Inventor when there is Final Judgement

1. Prosecute the application as his own application in place of the applicant
2. File a new application in respect of the same invention
3. Request that the application be refused
4. Seek cancellation of the patent, if one has already been issued

Doctrine of Equivalents
An infringement also takes place when a device appropriates a prior invention by incorporating its innovative concept and, although some
modification and change performs substantially the same function in substantially the same way to achieve substantially the same result.

Utility Model is a technical solution to a problem in any field of human activity which is new and industrially applicable.

Industrial Designs is any composition of lines and colors or any three-dimensional form, whether or not associated with lines and colors
provided that such composition or form gives a special appearance to and can serve as pattern for an industrial product or handicraft.